• Spring 2011
  • Welcome
  • Boot Camp for Accounting Vacationers!
  • From Deakin to Deloitte
  • Educating for Career Readiness Symposium 2011
  • Successful Students: Results of employer focus group
  • The Australian Higher Education Graduation Statement
• Summer 2011
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• Winter 2010
  • Welcome
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  • Deakin at Your Doorstep
  • Enhancing student employability
  • The Fair Work Act 2009
  • Graduate Attributes: the employer's perspective
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• Summer 2010
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• Autumn 2009
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The Fair Work Act 2009 and university vocational placements

During recent months it has become clear that some of the practices undertaken by universities and employers with respect to the provision of vocational placements and other forms of work experience for students may be in contravention of the Fair Work Act 2009. Through the provisions of the Act, the government has put in place measures to protect workers, and especially young workers, from exploitation and ensure a safety net of fair, relevant and enforceable minimum conditions for employees. However, an unexpected result of these measures is to call into question unpaid work experience style programs for university students.

The Fair Work Ombudsman has clarified the interpretation of the Act and the following are some principles that both employers and university staff should consider when offering unpaid work placements to university students.

1. It is only lawful for a student to undertake an unpaid work placement that is part of a vocational placement or where the student is undertaking work for a volunteer organisation.
2. Section 12 of the Fair Work Act 2009 defines vocational placement as a placement that is:
   
   1. Undertaken with an employer for which a person is not entitled to be paid any remuneration; and
   2. Undertaken as a requirement of an education or training course; and
   3. Authorised under a law or an administrative arrangement of the Commonwealth, a State or Territory.
3. Unpaid work experience will be a "requirement of an education or training course" where it is necessary for the completion of the student's qualification or enables them to receive credit towards the completion of their qualification.
4. The legality of unpaid "work observation" should be considered on a case by case basis depending on what it is actually likely to entail.
5. It is not lawful for an employer to accept work and not pay remuneration in other circumstances.
6. It is possible for parties to enter into less formal work experience arrangements other than vocational placements but only if no employment relationship (formal or informal) is entered into. Parties who are considering this should seek legal advice first.
   

Currently discussions are taking place between the Careers Industry Council of Australia and the Federal Government regarding the impact of the Act on work integrated learning, with a view to reviewing the impact of current legislation.

Employers who are responsible for vocational placements and who have concerns should consult the Fair Work Act website. Deakin staff should contact Clare Dowling, Senior Consultant, Workplace Relations within HRSD.

Employers should note that these conditions only apply to vocational placements in a tertiary setting. The provisions for schools and TAFEs are different.